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. the leak harmed a cia operation. it wanted to find out where the leak came from. they got those phone records. is that legal? how much freedom are we able to give up for so-called security? judge andrew napolitano is here. a slippery slope. did the justice department get a warrant from a judge to go get those records? >> well, we do not know, but we assumed by statements made that they use the patriot act authority which allows authorities to write their own search warrants as british soldiers were able to do prior to the american revolution -- stuart: yes, yes, yes. >> it directly contradicts the fourth amendment. they do not go to a judge, they do not present evidence of probable cause. agent a authorized agent be to do it. they show up within agent written search warrant. they serve it on the telephone company and the telephone company says, here are all the bills, telephone calls made and telephone calls received. stuart: could you make the case? it reaches the constitutional principle. >> yes. stuart: could you make a pragmatic case that the government needed this? they could det
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